Driver's friend, 19, died after falling off hood of moving car

FREMONT - A visiting judge will determine the fate of a Fremont teen who is charged in the death of a friend who died after falling from the hood of a car the boy was driving.

Bryson Ysaguirre, 17, was charged with vehicular homicide after the September incident in which Dilon Messer, 19, died after falling off the hood of a car being driven by Ysaguirre, who will stand trial at 9 a.m. Feb. 20.

During a pretrial hearing Wednesday, Ysaguirre's attorney, Jeremiah Ray, and the boy's mother Michelle McGhee argued that Ysaguirre's name should not be used in media coverage concerning the trial.

Visiting Judge Debra Boros of Lorain County said during Wednesday's proceedings that the boy's name should not be published, but The News-Messenger in December obtained, through a public records request, a Fremont police report that named Ysaguirre and is free to use the youth's name at its discretion.

The News-Messenger names juveniles in cases where the minor faces serious adult charges.

Sandusky County Juvenile and Probate Court Judge Brad Smith recused himself from the trial because Ysaguirre attends the same school as the judge's son.

Boros, a former Lorain County Domestic Relations judge, will determine whether she thinks Ysaguirre is delinquent or not, the equivalent of innocent or guilty, during the trial in February.

When Messer fell off the hood, around 3:39 a.m. Sept. 16, he hit the back of his head and was rendered unconscious.

Messer died four days after the incident, according to the Fremont police report.

Kijana Johnson, 16, told police he and Messer were walking down South Buchanan Street when friends Ysaguirre and his passenger Brandon Trilio, 19, were driving down the street in a white Infiniti sedan.

Johnson asked Ysaguirre if he and Messer could ride on the hood and then the two got onto the vehicle and Ysaguirre began driving, the report said. Johnson told police he believed Ysaguirre was driving about 20 mph.

When Ysaguirre made a hard left turn at 215 S. Buchanan St., the two teens riding on the hood were thrown from the vehicle.

Johnson landed on pavement and rolled into a grassy area and was not injured.

Messer landed on his back, according to the report, and was bleeding from his head.

When police arrived at the scene, Messer was breathing erratically and not responsive to sternum rubs.

Messer was taken by Sandusky County EMS to St. Vincent Mercy Medical Center in Toledo for treatment before dying from the injuries sustained in the incident.

When questioned by police, Ysaguirre told police he allowed Messer and Johnson to climb onto the hood and then proceeded to travel south on Buchanan, and said he was traveling less than 10 mph.

"In listening to Bryson's conversation with his mother, Bryson was saying when they had climbed onto the vehicle and refused to get back off," the report said. "Bryson told his mother he did not know what to do, so he drove with them still riding on the hood. The vehicle was not damaged during this incident and Bryson's statements of having unwanted passengers were never expressed to me."

During a followup interview with Ysaguirre, Fremont Police Sgt. Lester Daniels again asked the teen to tell him what happened the night the teens were thrown from the vehicle.

Ysaguirre told Daniels he did not want two boys on his hood, but feared the police would be called, so he began driving.

Again, Ysaguirre told Daniels he was driving under 10 mph, the report said.

Ysaguirre's mother said her son did not have permission to drive the vehicle that was registered to his stepfather.

A text message conversation was noted between Ysaguirre and Johnson in which Johnson admitted to drinking alcohol the night of the incident.

Daniels noted in his report that he did not detect any alcohol emitting from Johnson when interviewing him the night of the incident.

Johnson told police that Messer also consumed alcohol prior to the incident, saying Messer drank four or five "tall boys."

Messer was holding two drinks and possibly a cell phone while riding on the hood prior to falling, Johnson told police.

Ohio Highway Patrol troopers assisted Fremont police at the scene, compiling data on the distance driven by Ysaguirre and the rate of speed he was traveling in the vehicle.